Utah 2025 Regular Session

Utah House Bill HB0066 Compare Versions

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1-Enrolled Copy H.B. 66
1+01-31 12:29 1st Sub. (Buff) H.B. 66
2+Ken Ivory proposes the following substitute bill:
23 1
34 Ritual Abuse Amendments
45 2025 GENERAL SESSION
56 STATE OF UTAH
67 Chief Sponsor: Ken Ivory
78 Senate Sponsor: Jen Plumb
89 2
910
1011 3
1112 LONG TITLE
1213 4
1314 General Description:
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1516 This bill addresses ritual abuse.
1617 6
1718 Highlighted Provisions:
1819 7
1920 This bill:
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2122 ▸ requires current sexual assault and sexual abuse training for law enforcement officers to
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2324 include training on sexual assault committed during a ritual and the impact of that
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2526 conduct on the victim;
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2728 ▸ creates an aggravating factor for certain offenses committed against an individual under
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2930 18 years old if the offense was committed as part of a ritual;
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3132 ▸ contains a coordination clause to coordinate a substantive change between this bill and
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3334 S.B. 24, Child Abuse and Torture Amendments, by adding the crime of child torture,
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3536 which is newly created in S.B. 24, to the list of offenses that qualify for the aggravating
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3738 factor created in this bill; and
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3940 ▸ makes technical and conforming changes.
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4142 Money Appropriated in this Bill:
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4344 None
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4546 Other Special Clauses:
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4748 This bill provides a coordination clause.
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4950 Utah Code Sections Affected:
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5152 AMENDS:
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5354 53-10-908, as last amended by Laws of Utah 2023, Chapter 158
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5556 ENACTS:
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5758 76-3-203.19, Utah Code Annotated 1953
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59-Utah Code Sections affected by Coordination Clause: H.B. 66 Enrolled Copy
60+Utah Code Sections affected by Coordination Clause:
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6162 76-3-203.19, Utah Code Annotated 1953
63+1st Sub. H.B. 66 1st Sub. (Buff) H.B. 66 01-31 12:29
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6365
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6567 Be it enacted by the Legislature of the state of Utah:
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67-Section 1. Section 53-10-908 is amended to read:
69+Section 3. Section 53-10-908 is amended to read:
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6971 53-10-908 . Law enforcement -- Training -- Sexual assault, sexual abuse, and
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7173 human trafficking.
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7375 (1) The department and the Utah Prosecution Council shall develop training in
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7577 trauma-informed responses and investigations of sexual assault and sexual abuse, which
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7779 include, but are not limited to, the following:
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7981 (a) recognizing the symptoms of trauma;
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8183 (b) understanding the impact of trauma on a victim;
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8385 (c) responding to the needs and concerns of a victim of sexual assault or sexual abuse;
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8587 (d) delivering services to victims of sexual assault or sexual abuse in a compassionate,
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8789 sensitive, and nonjudgmental manner;
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8991 (e) understanding cultural perceptions and common myths of sexual assault and sexual
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91-abuse; and
93+abuse; Ĥ→ and ←Ĥ
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93-(f) techniques of writing reports in accordance with Subsection (5).
95+{(f)} Ĥ→ [ understanding how perpetrators of sexual assault and sexual abuse can use
96+44a
97+sexual
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99+assault and sexual abuse during a ritual, as that term is defined in Section 76-3-203.19,
100+46
101+and the impacts of that sexual assault and sexual abuse on a victim; and] ←Ĥ
102+47
103+[(f)]{(g)} (f) techniques of writing reports in accordance with Subsection (5).
104+48
95105 (2)(a) In accordance with Section 53-6-202, the department and the Utah Prosecution
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97107 Council shall offer the training in Subsection (1) to all certified law enforcement
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99109 officers in the state.
100-48
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101111 (b) The training for all law enforcement officers may be offered through an online
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103113 course, developed by the department and the Utah Prosecution Council.
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114+53
105115 (3) The training listed in Subsection (1) shall be offered by the Peace Officer Standards and
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107117 Training division to all persons seeking certification as a peace officer.
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109119 (4)(a) The department and the Utah Prosecution Council shall develop and offer an
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111121 advanced training course for officers who investigate cases of sexual assault or
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113123 sexual abuse.
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124+58
115125 (b) The advanced training course shall include:
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126+59
117127 (i) all criteria listed in Subsection (1);
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119-(ii) identifying indicators of a ritual, as that term is defined in Section 76-3-203.19, in
120-58
121-cases of sexual assault; and
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123-[(ii)] (iii) interviewing techniques in accordance with the curriculum standards in
128+59a
129+ Ĥ→ (ii) identifying indicators of a ritual, as that term is defined in Section
130+59b
131+76-3-203.19, in cases of sexual assault; ←Ĥ and
132+- 2 - 01-31 12:29 1st Sub. (Buff) H.B. 66
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134+{(ii)} (iii) interviewing techniques in accordance with the curriculum standards in
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125136 Subsection (5).
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137+62
127138 (5) The department shall consult with the Utah Prosecution Council to develop the specific
128-- 2 - Enrolled Copy H.B. 66
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139+63
130140 training requirements of this section, including curriculum standards for report writing
131-63
141+64
132142 and response to sexual assault and sexual abuse, including trauma-informed and
133-64
143+65
134144 victim-centered interview techniques, which have been demonstrated to minimize
135-65
145+66
136146 retraumatizing victims.
137-66
147+67
138148 (6) The Office of the Attorney General shall develop and offer training for law enforcement
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140150 officers in investigating human trafficking offenses.
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151+69
142152 [(7) The training described in Subsection (6) shall be offered to all law enforcement officers
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144154 in the state by July 1, 2020.]
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146156 [(8)] (7) The training described in Subsection (6) shall be offered by the Peace Officer
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148158 Standards and Training division to all persons seeking certification as a peace officer, in
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150160 conjunction with the training described in Subsection (1)[, beginning July 1, 2021].
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152162 [(9)] (8) The Office of the Attorney General, the department, and the Utah Prosecution
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154164 Council shall consult with one another to provide the training described in Subsection (6)
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156166 jointly with the training described in Subsection (1) as reasonably practicable.
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158168 The following section is affected by a coordination clause at the end of this bill.
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160-Section 2. Section 76-3-203.19 is enacted to read:
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170+Section 1. Section 76-3-203.19 is enacted to read:
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162172 76-3-203.19 . Aggravating factor for an offense committed against a child or
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164174 minor as part of a ritual.
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166176 (1) As used in this section:
167-81
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168178 (a) "Offense against a child or minor" means an offense that is:
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170180 (i) child abuse as described in Section 76-5-109;
171-83
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172182 (ii) aggravated child abuse as described in Section 76-5-109.2;
173-84
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174184 (iii) abuse or neglect of a child with a disability as described in Section 76-5-110;
175-85
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176186 (iv) child abuse homicide as described in Section 76-5-208;
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187+87
178188 (v) kidnapping as described in Section 76-5-301, if committed against an individual
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180190 under 18 years old;
181-88
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182192 (vi) child kidnapping as described in Section 76-5-301.1;
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184194 (vii) aggravated kidnapping as described in Section 76-5-302, if committed against
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186196 an individual under 18 years old;
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197+92
188198 (viii) human trafficking of a child as described in Section 76-5-308.5;
189-92
199+93
190200 (ix) unlawful sexual activity with a minor as described in Section 76-5-401;
191-93
201+- 3 - 1st Sub. (Buff) H.B. 66 01-31 12:29
202+94
192203 (x) sexual abuse of a minor as described in Section 76-5-401.1;
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194205 (xi) rape as described in Section 76-5-402, if committed against an individual under
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196207 18 years old;
197-- 3 - H.B. 66 Enrolled Copy
198-96
208+97
199209 (xii) rape of a child as described in Section 76-5-402.1;
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201211 (xiii) object rape as described in Section 76-5-404.2, if committed against an
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203213 individual under 18 years old;
204-99
214+100
205215 (xiv) object rape of a child as described in Section 76-5-402.3;
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216+101
207217 (xv) forcible sodomy as described in Section 76-5-403, if committed against an
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218+102
209219 individual under 18 years old;
210-102
220+103
211221 (xvi) sodomy on a child as described in Section 76-5-403.1;
212-103
222+104
213223 (xvii) forcible sexual abuse as described in Section 76-5-404, if committed against an
214-104
224+105
215225 individual under 18 years old;
216-105
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217227 (xviii) sexual abuse of a child as described in Section 76-5-404.1;
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219229 (xix) aggravated sexual abuse of a child as described in Section 76-5-404.3;
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221231 (xx) aggravated sexual assault as described in Section 76-5-405, if committed against
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232+109
223233 an individual under 18 years old;
224-109
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225235 (xxi) unlawful kissing of a child as described in Section 76-5-416.2; or
226-110
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227237 (xxii) unlawful kissing of a minor as described in Section 76-5-416.4.
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229239 (b) "Ritual" means an event or act, or a series of events or acts:
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231241 (i) marked by specific actions, specific gestures, ceremonial objects, ceremonial
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233243 clothing, religious texts, or specific words; and
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244+115
235245 (ii) designed to commemorate, celebrate, or solemnize a particular occasion or
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237247 significance in a religious, cultural, social, institutional, or other context.
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239249 (2) For a defendant convicted of an offense against a child or minor, it is an aggravating
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241251 factor if the sentencing court finds that the defendant committed the offense as part of,
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243253 or to facilitate, a ritual or a training or practice to perform a ritual.
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245255 (3) When sentencing a defendant convicted of an offense against a child or minor subject to
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247257 the aggravating factor described in Subsection (2), the sentencing court shall consider
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249259 the aggravating factor and include the aggravating factor in the judgment of commitment.
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251261 (4) In determining the length of imprisonment for a defendant imprisoned for a conviction
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253263 of an offense against a child or minor subject to the aggravating factor described in
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255265 Subsection (2), the Board of Pardons and Parole shall consider the aggravating factor.
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257-Section 3. Effective Date.
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267+Section 4. Effective Date.
268+127
259269 This bill takes effect on May 7, 2025.
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261-Section 4. Coordinating H.B. 66 with S.B. 24.
270+- 4 - 01-31 12:29 1st Sub. (Buff) H.B. 66
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272+Section 5. Coordinating H.B. 66 with S.B. 24.
273+129
263274 If H.B. 66, Ritual Abuse Amendments, and S.B. 24, Child Abuse and Torture
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265276 Amendments, both pass and become law, the Legislature intends that, on May 7, 2025,
266-- 4 - Enrolled Copy H.B. 66
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268278 Subsection 76-3-203.19(1), enacted in H.B. 66, be amended to read:
269-131
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270280 "(1) As used in this section:
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272282 (a) "Offense against a child or minor" means an offense that is:
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274284 (i) child abuse as described in Section 76-5-109;
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276286 (ii) child torture, as described in Section 76-5-109.4;
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287+136
278288 (iii) aggravated child abuse as described in Section 76-5-109.2;
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280290 (iv) abuse or neglect of a child with a disability as described in Section
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282292 76-5-110;
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284294 (v) child abuse homicide as described in Section 76-5-208;
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286296 (vi) kidnapping as described in Section 76-5-301, if committed against an
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288298 individual under 18 years old;
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290300 (vii) child kidnapping as described in Section 76-5-301.1;
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292302 (viii) aggravated kidnapping as described in Section 76-5-302, if committed
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294304 against an individual under 18 years old;
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296306 (ix) human trafficking of a child as described in Section 76-5-308.5;
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298308 (x) unlawful sexual activity with a minor as described in Section 76-5-401;
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300310 (xi) sexual abuse of a minor as described in Section 76-5-401.1;
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302312 (xii) rape as described in Section 76-5-402, if committed against an individual
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304314 under 18 years old;
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306316 (xiii) rape of a child as described in Section 76-5-402.1;
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308318 (xiv) object rape as described in Section 76-5-404.2, if committed against an
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310320 individual under 18 years old;
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312322 (xv) object rape of a child as described in Section 76-5-402.3;
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314324 (xvi) forcible sodomy as described in Section 76-5-403, if committed against
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316326 an individual under 18 years old;
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318328 (xvii) sodomy on a child as described in Section 76-5-403.1;
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320330 (xviii) forcible sexual abuse as described in Section 76-5-404, if committed
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322332 against an individual under 18 years old;
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324334 (xix) sexual abuse of a child as described in Section 76-5-404.1;
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326336 (xx) aggravated sexual abuse of a child as described in Section 76-5-404.3;
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328338 (xxi)aggravated sexual assault as described in Section 76-5-405, if committed
329-161
339+- 5 - 1st Sub. (Buff) H.B. 66 01-31 12:29
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330341 against an individual under 18 years old;
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332343 (xxii) unlawful kissing of a child as described in Section 76-5-416.2; or
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334345 (xxiii) unlawful kissing of a minor as described in Section 76-5-416.4.
335-- 5 - H.B. 66 Enrolled Copy
336-164
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337347 (b) "Ritual" means an event or act, or a series of events or acts:
338-165
348+166
339349 (i) marked by specific actions, specific gestures, ceremonial objects,
340-166
350+167
341351 ceremonial clothing, religious texts, or specific words; and
342-167
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343353 (ii) designed to commemorate, celebrate, or solemnize a particular occasion or
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345355 significance in a religious, cultural, social, institutional, or other context.".
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